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留学生作业代写:Human rights principles in counter-terrorism

2017-12-19 来源: 51due教员组 类别: Paper范文

下面为大家整理一篇优秀的paper代写范文- Human rights principles in counter-terrorism,供大家参考学习,这篇论文讨论了反恐怖主义中的人权原则。人权,就是作为一个人应当享有的权利。随着国际恐怖主义的蔓延,列国在加强本国内的打击恐怖行为的同时,也开始了对国际社会合作反恐。国际合作的反恐活动也必须建立在尊重人权的基础之上,从国际社会来看,我们应该发挥联合国在反恐中的主导作用。要促进包括我们在内的所有反恐领域内的行动符合国际法的要求,尤其是符合国际人权法和国际人道法的要求。

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In February this year, Apple's refusal to assist the FBI in unlocking the encrypted data on the iphone in the California shootings sparked a big discussion about information security. Apple has pointed out that enforcing a decree to unlock the handset would open a precedent that would virtually enlarge the government's rights, potentially damaging user privacy. In the past few years of counter-terrorism-related investigations, Americans have generally put public safety first, followed by personal privacy. Thus, an important question arises: how to deal with the relationship between counter-terrorism and human rights in the fight against terrorism and how to adhere to human rights principles specifically?

Human rights are rights that should be enjoyed as a person. The human rights thought originated from the 17th century British thinker Locke's natural rights theory and the 18th century French thinker Rousseau's innate human rights theory. Locke believes that human life, freedom and property are all natural rights of man. Rousseau pointed out that "everyone is born free and equal", "give up their freedom, is to give up their own qualifications, is to give up human rights, or even give up their own obligations." Locke and Rousseau's human rights thought also includes: The signing contract, the establishment government, protects the human basic right. Human rights need to be safeguarded, without security, without human rights. The American Declaration of Independence, for example, wrote: "Men are born equal." They are endowed with certain non-transferable rights from their creator, including the right to life, liberty and the pursuit of happiness. In order to protect these rights, the Government is formed among people ... If any form of political commentary becomes prejudicial to those ends, then the people have the right to change it or abolish it in order to establish a new government. The French Declaration of Human Rights also declares that "in terms of rights, people are born and always are free and equal", and that the purpose of any political union is to preserve the natural and unshakable rights of man. These rights are freedom, property, security and resistance to oppression.

It can be seen that the principle of human rights is not only a requirement for the protection of individual rights, but also a political right, the principle and foundation of a democratic government. The French Declaration of Human Rights also declares that "in terms of rights, people are born and always are free and equal", and that the purpose of any political union is to preserve the natural and unshakable rights of man. These rights are freedom, property, security and resistance to oppression. It can be seen that the principle of human rights is not only the protection of the so-called individual rights, but also or the first is a political right, the principle and fundamental of a democratic government.

The Constitution of a socialist country, without exception, recognizes that the rights of the State belong to the people. As an important constitutional principle, our Constitution also accepts the idea of people's sovereignty, and embodies in the system and organization. But this principle differs from the West in both theory and practice. The socialist constitutional theory usually does not recognize the "social contract", does not think that sovereignty is the embodiment of the "public will" of the whole nation, and its power is different from the view of the "superclass" of the whole national public. Chapter II of our Constitution, "Basic rights and obligations of citizens", stipulates and enumerates the basic rights of citizens, and embodies the constitutional protection of citizens. In the 2004, our country passed the constitutional amendment, which put "state respect and guarantee of human rights" into the Constitution, which provides an opportunity for the transformation of our constitutional concept from instrumental to constitutionalism. The Constitution stipulates: "The state organs of the People's Republic of China practise democratic centralism." There is a certain embodiment of the above principles.

At the heart of terrorism is the creation of terrorist attacks and terrorist incidents, the main activities of which are not only kidnapping and hostage-taking, but also planning explosions and arson. The common manifestations of all kinds of terrorist activities are the damage to the common interests of mankind, the most serious of which is the infringement of human rights.

Terrorist activities are spreading all over the world. The aftermath of al-Qaida has not been dispersed, and new challenges such as Boko Haram, East Turkistan and Islamic countries have followed. Today, more than 100 countries have been exposed to terrorism in varying degrees, and people are more aware of the human rights abuses caused by terrorism. At the same time, countries in counter-terrorism activities also began to pay attention to the protection of human rights. September 17, 2014, during the seventh session of the Beijing Human Rights Forum, experts around the "anti-terrorism and human rights protection" topic, in-depth study of anti-terrorism and the relationship between the rights of personality and protection of interests, reached a "counter-terrorism and human rights," the resonance.

In order to pay equal attention to anti-terrorism and human rights, we should strengthen the supervision of counter-terrorism measures and standardize the use of counter-terrorism law enforcement power. In the case of counter-terrorism, the human rights of personal freedom, residence and privacy should not be taken as the price, and no legal procedure shall be used to search and monitor the citizens, so as to preserve the life of the suspect as much as possible in the investigation and suppression of the riots.

With the spread of international terrorism, the nations have also begun to cooperate with the international community in combating terrorism, while strengthening their own efforts to combat terrorism. The counter-terrorism activities of international cooperation must also be based on respect for human rights and, from the international community's perspective, we should play the leading role of the United Nations in countering terrorism. The promotion of action in all areas of counter-terrorism, including my own, is in line with the requirements of international law, in particular the requirements of human rights law and international humanitarian law.

To sum up, human rights protection is a lasting and crucial task, especially in the anti-terrorism activities, the protection of human rights appears to be increasingly urgent and needs, in this activity, the human rights violations are increasingly serious, in the international community aroused strong repercussions.

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